DUI Arrest: Can I Avoid A DUI Checkpoint

DUI arrests are the primary purpose of DUI checkpoints. If you are stopped at a DUI checkpoint after you’ve consumed alcohol it is likely that the officer will lean into your car, take a good whiff and smell the booze. The cop will then question you extensively about what and when you drank—questions you should not ask without your Orange County DUI lawyer present. Next the officer will ask you to exit the vehicle and perform some “simple” field sobriety tests before they “let you go on your way”. The officer is looking to gather evidence to support a DUI arrest. Then, the cop will ask you to take one last test—a voluntary breath test. But remember, even if you are under the legal limit you are still subject to a DUI arrest and prosecution if the cop feels that you are too impaired to drive. The Orange County DA’s office prosecutes at a blood-alcohol level of 0.06% if they have any evidence of “impairment”, such as a cop’s subjective evaluation of your performance on field sobriety tests. This is allowed pursuant to Vehicle Code Section 23152(a).



Since being anywhere near the legal limit can result in a DUI arrest and conviction, it is best to avoid the DUI checkpoint all together. You can, of course, check the internet for DUI checkpoint locations and plan your drive accordingly. But if you should happen upon an unexpected DUI checkpoint remember this: you do not have to go through it. Orange County DUI attorneys have challenged DUI checkpoint law and police are now required to ensure the DUI checkpoints are well-lit, well-marked, and allow approaching drivers the opportunity to avoid the checkpoint if they choose. That’s right, avoiding a DUI checkpoint, and a possible DUI arrest, is your right. But one work of caution—the police will watch you turn away from the checkpoint and they will look for any legal reason to pull you over. Any law violation will suffice—failing to stop completely at a stop sign, not signaling, or even a defective license plate lamp. So be on your best behavior when you exercise your right to avoid a DUI checkpoint and a DUI arrest.



For more information about a DUI arrest call The Law Offices of EJ Stopyro at (949) 559-5500. We offer a free telephonic consultation. You can also reach us on our contact page. Our main office is at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.